What Is the Difference Between a Civil Union and a Marriage in Illinois?

 Posted on July 24, 2025 in Family Law

When couples in Illinois consider formalizing their relationship, they typically choose to marry. However, there is another option. Both a civil union and a marriage offer legal recognition, but the differences can affect everything from benefits to out-of-state rights. Understanding the differences is key when deciding how to move forward with your relationship. For guidance specific to your situation, speak with a DuPage County, IL family law attorney.

What Is a Civil Union in Illinois?

A civil union is a legal relationship available to both same-sex and opposite-sex couples in Illinois. Civil unions became available in 2011 through the Illinois Religious Freedom Protection and Civil Union Act, under 750 ILCS 75/. This law gives couples in a civil union most of the same legal responsibilities, protections, and benefits as those who are married, at least under Illinois law. Couples in a civil union have rights related to inheritance, medical decisions, property ownership, and other matters. However, these rights generally stop at the state level.

Why Would a Couple Enter a Civil Union?

There are several reasons a couple may choose a civil union over marriage. Some may want legal recognition without the traditional or religious connotations that come with marriage. Others may be concerned about how federal benefits could affect income-based programs or taxes and want to avoid unintended consequences. In some cases, couples simply prefer the structure and terminology of a civil union.

Because Illinois law provides many of the same rights and protections as marriage, civil unions can serve as a valid option for couples who want legal protection without getting married.

How Are Civil Unions and Marriages Different in Illinois?

Although civil unions and marriages offer many similar protections under Illinois law, there are important differences:

• Federal recognition: Marriages are recognized by both state and federal governments. Civil unions are not recognized by the federal government, which affects access to benefits, such as joint federal tax filing, Social Security, and immigration.

• Out-of-state recognition: Marriages are recognized in all 50 states. Civil unions may not be recognized outside Illinois, which can create legal complications when traveling or relocating. 

• Parenting rights: In a marriage, both spouses are presumed legal parents of a child born during the marriage. In a civil union, a second-parent adoption may be required to establish legal rights under 750 ILCS 50/1.

• Federal benefits: Only married couples can access federal spousal benefits, such as military, veterans, and federal retirement benefits.

Do Couples in a Civil Union Have To Get Divorced?

When couples in a civil union wish to end their relationship, they must dissolve it through the courts. This process mirrors a traditional divorce in many ways. It addresses issues like property division, spousal support, and child custody when applicable, as outlined in the Illinois Marriage and Dissolution of Marriage Act. Couples are required to file a petition, attend hearings, and follow court orders regarding finances and parenting arrangements.

Speak With a Lombard, IL Civil Union Attorney Today

Whether you are deciding between a civil union and marriage or need help ending a legal relationship, you need to know your rights. The DuPage County, IL civil union lawyers at A. Traub & Associates can help you understand your options, including the advantages and disadvantages. Call us at 630-426-0196 today to schedule your initial consultation.